advanced project financing options · final cost certification 12/31/20xx. rehabilitation/...
TRANSCRIPT
![Page 1: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/1.jpg)
Advanced Project Financing Options
![Page 2: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/2.jpg)
Low Income Housing Tax Credits
![Page 3: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/3.jpg)
What Qualifies for the Credit?
A qualified low-income building:• Must have sufficient low-income tenant
occupancy• Must charge those tenants restricted rents• Must be available to the general public• Must be used on a non-transient basis
![Page 4: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/4.jpg)
Eligible Basis
Eligible basis can only include the depreciable residential parts of a buildingIncludes any common residential areasExcludes:
Land, amortized, or expensed costsCosts funded with federal grantsCommercial space
![Page 5: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/5.jpg)
Qualified Basis
Qualified Basis= Eligible Basis × Applicable PercentageApplicable Percentage
The ratio of low-income occupancy to total occupancy(Use the lower of the unit or floor space ratios)
![Page 6: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/6.jpg)
Credit Percentages
“9%” credit:New construction or rehabilitation without including most federal subsidies
“4%” credit:Acquisition of existing buildingsBuildings with most federal subsidies
Actual percentages vary monthly
![Page 7: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/7.jpg)
Federal Subsidies
Most below-market federal loans are considered subsidizedFunds from tax-exempt bonds are always taintedExceptions include:
Loans from CDBG fundsSome loans from HOME funds
![Page 8: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/8.jpg)
Calculating Tax Credits
Annual tax credits are a function of qualified basis, tax credit percentage, and applicable percentage.Credits = Basis × credit% × low-income%Special rules apply to:
First year of the credit periodIncreases in qualified basis
![Page 9: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/9.jpg)
Income Restrictions
Based on HUD median incomes for the county or metropolitan area
HUD adjusts for high or low housing costsRural counties can use state rural medians
To get 50% limits, start with the HUD very-low-income limit for the right household size
Multiply by 1.20 for 60% limits
![Page 10: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/10.jpg)
Rent Restrictions
Maximum gross rent is 30% of maximum monthly income for a unit
For allocations after 1989:1.5 persons/bedroom1 person in a studio (“0 bedroom”)
Most older allocations: actual household size
Must deduct an allowance for tenant-paid utilities
![Page 11: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/11.jpg)
Compliance Period
Qualified buildings must continuously meet requirements over 15 yearsBuildings earn credits over 10 yearsIRS can recapture up to 1/3 of creditsExtended-use agreements must continue restrictions for another 15 years
![Page 12: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/12.jpg)
Total
Total Depreciable Costs (Eligible Basis) $1,911,580
Less: Costs Incurred in 2004 related to BuildingsPlaced in Service in 2003 (12,803)
Total Depreciable Residential Costs $1,898,777
Less: 20% Historic Rehabilitation CreditBasis Reduction 0
Less: Nonqualified Financing Sources 0
Subtotal: Eligible Low Income Credit Basis $1,898,777
Qualified Low Income Occupancy Percentage 100.00%
Hard to Develop Percentage 130.00%
Qualified Low Income Housing Tax Credit Basis 2,468,411
Low Income Housing Tax Credit Rate
Low Income Housing Tax Credit $197,720
Maximum Allowable Credit $197,295
Sample
FINAL COST CERTIFICATION12/31/20XX
![Page 13: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/13.jpg)
Rehabilitation/ Amortized & Non-Building Construction Expensed Deductible
APPLICATIONS Land Shell Costs Costs Costs TotalAcquisition: Land 75,000 $0 $0 $0 $0 $75,000Acquisition: Building 0 0 0 0 0 0SUBTOTAL ACQUISITION 75,000 0 0 0 0 75,000Base Construction Contract 0 0 1,180,000 0 1,180,000Additional Improvements 0 237,889 0 237,889SUBTOTAL CONSTRUCTION 0 0 1,417,889 0 1,417,889General Development Costs Architecture and Engineering 0 0 96,392 96,392 Environmental Engineer 2,850 0 0 0 2,850 Construction Inspection 0 0 20,000 20,000 Consultant 0 0 80,000 80,000 Furniture and Equipment 28,307 28,307 Survey 9,700 0 9,700 Insurance 8,677 8,677 Market Study/Appraisal 0 4,500 4,500 Interest on LFCHA Loans 5,122 5,122 Legal 112,663 4,728 60,000 177,391 Title and Recording 5,645 5,645 Cost Certification 0 9,750 9,750 Tax Credit Fee 0 9,865 9,865 Marketing and Rent-Up 17,348 17,348 Replacement Reserve 6,391 6,391 Annual Contributions Contract Reserve 72,000 72,000 Operating Reserve 25,500 25,500SUBTOTAL GENERAL DEVELOPMENT COSTS 12,550 0 276,806 46,191 243,891 579,438Developer Overhead 0 0 0 0 0Development Fee 0 0 216,885 0 0 216,885TOTAL APPLICATIONS OF FUNDS $87,550 $0 $1,911,580 $46,191 $243,891 $2,289,212
SOURCESLimited Member Capital Contributions 1,579,900$ First Mortgage 680,000Accrued Interest 5,122Deferred Development Fee 24,190TOTAL SOURCES OF FUNDS $2,289,212
Sample
FINAL COST CERTIFICATION12/31/20XX
![Page 14: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/14.jpg)
Tax-Exempt Rental Housing Bonds
![Page 15: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/15.jpg)
Overview
3 Types of Multi-Family Housing BondsPlayers in a Tax-Exempt Bond TransactionCombining with LIHTCGood Costs/Bad Costs and Other Operating RulesPros and Cons
![Page 16: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/16.jpg)
Multi-Family Housing Bonds
Governmental BondsHousing owned by governmental entities
501(c)(3) BondsHousing owned by not-for-profitsSpecific rules on qualifying propertiesUsed in combination with other subsidies
Lower interest rateReal estate tax exemptionHome funds?Other grants?
![Page 17: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/17.jpg)
Multi-Family Housing Bonds
Private Activity BondsBonds issued by governmental entity (the issuer)They finance a private activityRestrictions on eligible activities
Multifamily rentalIndustrial developmentSolid waste disposalPollution controlSingle family housing
![Page 18: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/18.jpg)
PlayersIssuers
Bond CounselFinancial Adviser
Underwriter/RemarketerUnderwriter counsel
DeveloperDeveloper counsel
Credit EnhancerCredit enhancer counsel
Rating AgencyTrustee
![Page 19: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/19.jpg)
Good & Bad Costs/Other95% for good costs
LandBuilding
Limit5% for bad costs
Limit of 2% for cost of issuance of bondsUnderwritingDiscountsRating agency chargesAttorney fees
![Page 20: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/20.jpg)
Less than 25% for purchase of landInducement resolution
Within 60 days of incurring a cost, must declare its intent to reimburse costs
TEFRA hearingPublic comment opportunityPublic approval
Good & Bad Costs/Other
![Page 21: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/21.jpg)
Conclusion
ProsTax exempt bonds less competitive/brings not-so-automatic creditsLower interest rate/More debt proceeds
ConsLess tax credit equity – lower credit percentageTransaction costs
![Page 22: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/22.jpg)
Ideal projectsAcquisition/Rehabilitation
Less Tax Credit Equity Loss
Mixed incomeLow financing on entire project
Conclusion
![Page 23: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/23.jpg)
New Market Tax Credits
![Page 24: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/24.jpg)
How Does the NMTC Work?
CDFI Fund Treasury
Department
Businesses (Qualified)
CDE (For Profit)
Investors
Allocation of Tax Credits
Tax Credits
Investments/ Equity
Investments/ Loans/
etc.
![Page 25: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/25.jpg)
OVERVIEW OF NMTC PROGRAM
Enacted on December 21, 2000
Part of the Community Renewal Tax Relief Act of 2000
Creates a tax credit for qualified equity investments (“QEIs”) in Community Development Entities (“CDEs”)
![Page 26: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/26.jpg)
PROCESS OVERVIEWStep 1: Entities apply to the Fund for CDE
certificationStep 2: Entities apply to the Fund for an NMTC
allocationStep 3: The Fund competitively selects CDEs to
receive NMTC allocationsStep 4: CDEs use allocations to offer NMTCs to
investors for cashStep 5: CDEs use proceeds to make Qualified
Low-Income Community Investments (QLICIs)
![Page 27: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/27.jpg)
AMOUNT OF NMTC INVESTMENT AUTHORITY AVAILABLE
2001 $ 1.0 billion2002 $ 1.5 billion2003 $ 1.5 billion2004 $ 2.0 billion2005 $ 2.0 billion2006 $ 3.5 billion2007 $ 3.5 billionTotal $ 15.0 billion
Unallocated investment authority may be carried over from year to year until 2014.
![Page 28: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/28.jpg)
CREDIT AMOUNT
Equals 39% of amount of original investmentInvest $100 and Receive $39 Tax CreditCredit taken over a 7-year periodCredit rate:
5% in each of the first 3 years6% in each of the final 4 years
![Page 29: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/29.jpg)
WHAT IS A CDE?
A domestic corporation or partnershipMust be certified by the FundCDEs are required to demonstrate that they:
Have a primary mission of serving, or providing investment capital for, Low-Income Communities (“LICs”) or Low-Income PersonsAre accountable to residents of the LICs that they serve
![Page 30: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/30.jpg)
TIMING OF INVESTMENTS
CDEs must offer NMTCs to investors within 5 years of receiving an allocationCDEs have 12 months to invest “substantially all” (generally 85%) of their QEI proceeds into QLICIsGenerally, CDEs that receive returns of capital will have 12 months to reinvest those funds in QLICIs
Reinvestment is not required in the final year of the 7-year credit period
![Page 31: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/31.jpg)
QUALIFIED EQUITY INVESTMENTS
Qualified Equity Investments (QEI)Requirements:
Equity investment in a CDE;Either stock or capital interest;Acquired at original issue solely in exchange for cash;Substantially all of such cash must be invested in QLICIs; and Designated by CDE as a QEI and reported to CDFI Fund.
![Page 32: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/32.jpg)
WHAT IS “LOW-INCOME?”Census tracts where:
Poverty rate equals or exceeds 20%, ORMedian income is below 80% of the greater of:
Statewide median income orMetropolitan area median income
“Targeted Populations”Census tracts with less than 2,000 people that are contiguous to a Low Income Community and within an empowerment zoneHigh migration rural counties (use 85% vs. 80%)
![Page 33: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/33.jpg)
A QUALIFIED ACTIVE LOW INCOME COMMUNITY BUSINESS IS GENERALLY ANY BUSINESS IF:
At least 50% of the total gross income is from the active conduct of a qualified business in Low-Income Communities (“LICs”)At least 40% of the use of the tangible property of the business is located in LICsAt least 40% of the services provided by the business’ employees are performed in LICs
The gross income test is deemed to be met if EITHERthe tangible property OR the services test is at 50% or higher.
![Page 34: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/34.jpg)
INELIGIBLE BUSINESS ACTIVITYOperation of residential rental property:
Buildings which derive 80% or more of income from residential dwelling units; and
Properties where no substantial improvements are madeDevelopment or holding of intangibles for sale or licenseOperation of other ineligible businesses
Golf coursesRace tracksGambling facilitiesCertain farming businessesStores where the principal business is the sale of alcoholic beverages
![Page 35: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/35.jpg)
ELIGIBLE REAL ESTATE BUSINESS ACTIVITYEligible rental property is any rental property that is not residential property as long as there are substantial improvements located on such property including:
Office/retail real estateMixed use real estate
Other eligible real estate activities are: Single family home sales
![Page 36: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/36.jpg)
After June 22, 2005, a CDE’s investment in or loan to a business engaged in rental of real property is not a QLICI to the extent a lessee’s business consists of the operation of:
Any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack or other facility used for gambling, orAny store the principal business of which is the sale of alcoholic beverages for consumption off premises
Rental of Real Property/ Lessees
![Page 37: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/37.jpg)
RECAPTURE
NMTCs may be recaptured from investors during the 7-year credit period if:The CDE ceases to qualify as a CDEThe CDE redeems the investmentThe substantially all requirement is not met
![Page 38: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/38.jpg)
RECAPTURE
Cure PeriodIf a CDE fails to meet the “substantially all” requirement as to a QEI, and the CDE corrects the failure within 6 months after the date the CDE becomes aware (or reasonably should have), it is not a recapture event.
One cure period per QEI.
![Page 39: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/39.jpg)
Historic Tax Credits
![Page 40: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/40.jpg)
Two Types of Rehabilitation Tax Credits
Older (pre-1936), non-historic and non-residential buildings: 10 percent10 percent of qualified rehabilitated expenditures.
Historic buildings: 20 percent20 percent of qualified rehabilitation expenditures.
![Page 41: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/41.jpg)
Important Dates in the History of the Rehabilitation Tax Credits
1976: First federal tax incentives for historic preservation (accelerated depreciation/ amortization).
1978: First federal tax credit for rehab of historic buildings (10%).
1981: Three tiered tax credit (25%, 20% and 15%), including first credit for rehab of older, non-historic buildings.
1986: Current two tiered structure; passive loss limitations imposed.
![Page 42: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/42.jpg)
The 20% Rehabilitation Tax Credit Fundamentals
Tax Aspects Administered by the IRS.
Preservation aspects jointly administered by NPS and State Historic Pres. Offices (SHPOs).
Tax Credits = dollar for dollar reduction in tax liability (contrast with deduction).
RTC is the most important (in dollar volume) federal preservation program.
![Page 43: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/43.jpg)
The 20% RehabilitationTax Credit Statistics
1,200 proposed project approved by NPS in 2004.Top 5 states ranked by Part 2 approvals: MO (164), OH (145), VA (126), MD (76), NC (64) (FY 2004 statistics).Top 5 states ranked by Part 3 approvals: MO (92), VA (88), PA (86), OH (55), NC (54). (FY 2004 statistics).Average Cost of Project Certified in 2003: $2.31 million, producing on average $646,667 in credits.
![Page 44: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/44.jpg)
What Types of Buildings Qualify?The IRS Rules: Depreciable Building Requirement
Must be a “building.” Building is defined as a structure or edifice enclosing a space within its wall and usually covered by a roof.Building must be depreciable. Depreciable buildings are generally those used for nonresidential (i.e. commercial) or residential rental purposes.
![Page 45: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/45.jpg)
What Types of Buildings Qualify?The NPS Rules: Certified Historic Structure Requirement
Option #1
Building is listed in the National Register of Historic Places.
![Page 46: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/46.jpg)
Types of Buildings Qualify?The NPS Rules (cont’d)
Option #2
Building is located in a registered historic district and certified by the Sec. of the Interior as being of historic significance to the district.
![Page 47: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/47.jpg)
What Types of Buildings Qualify?The NPS Rules (cont’d)
Introduction to the Certification ApplicationPart 1 – Evaluation of Significance
Part 1 required unless the building is individually listed on the National Register.Part 1 is submitted to SHPO. SHPO forwards to NPS.
![Page 48: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/48.jpg)
What Types of Buildings Qualify?The NPS Rules (cont’d)
Part 1 is used to establish that a building:
Does or does not contribute to significance of a district;Has preliminarily been determined to be eligible for National Register listing; andContribute to proposed historic districts.
![Page 49: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/49.jpg)
What Types of Rehabilitations Qualify?The IRS Rules: Substantial Rehabilitation Requirement
The QREsQREs incurred during any 24-month period** selected by the taxpayer and ending in the taxable year in which the building is placed in serviceplaced in service must exceed the greater of:
$5,000, orThe adjusted basisadjusted basis of the building.
**A 60-month period may be used for phased rehabs.
![Page 50: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/50.jpg)
What Types of Rehabilitations Qualify? Definition of QREs
“Qualified Rehabilitation Expenditures” (QREs) is the tax term given to those development costs on which rehabilitation tax credits can be claimed.
![Page 51: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/51.jpg)
QREs include costs related to:walls, partitions, floors, ceilings;permanent coverings such as paneling or tiling;windows and doors;air conditioning or heating systems, plumbing and plumbing fixtures;chimneys, stairs, elevators, sprinkling systems, fire escapes;construction period interest and taxes;architect fees, engineering fees, construction management costs;reasonable developer fees
What Types of Rehabilitations Qualify? Definition of QREs
![Page 52: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/52.jpg)
Costs EXCLUDED from QREs:Land and building acquisition;Enlargements that expand total volume (cf. remodeling that increases FMR);Personal property (furnitureand appliances, cabinets andmovable partitions,tacked carpeting);New building construction;Sitework (demolition, fencing,parking lots, sidewalks, landscaping)
What Types of Rehabilitations Qualify? Definition of QREs
![Page 53: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/53.jpg)
What Types of Rehabilitations Qualify? What Types of Rehabilitations Qualify? Calculating Calculating Adjusted BasisAdjusted Basis
BuildingBuilding acquisition costs plus or minus the following:acquisition costs plus or minus the following:
Items That Increase Basis
Rehabilitation expenses The cost of extending utility service lines to the property. Impact fees & Zoning Costs. Legal fees, such as the cost of defending and perfecting title. Legal fees for obtaining a decrease in an assessment levied against property to pay for local improvements.
Items That Decrease Basis
Deductions previously allowed (or allowable) for amortization, depreciation etc. Investment credit (part or all) taken. Casualty and theft losses and insurance reimbursements. Certain canceled debt excluded from income. Easements.
![Page 54: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/54.jpg)
Example: In Jan. 1997, you paid $800,000 for a factory. You paid commissions of $20,000 and title search and legal fees of $6,000. You allocated the total cost of $826,000 between land and building--$103,250 for land and $722,750 for the building. On January 1, 2002, the building’s adjusted basis calculation might look like this:
Original cost of building including fees and commissions $722,750
Adjustments to basis:
Add:
Improvements 200,000
Repair of fire damages 55,000
$977,750
Subtract:
Depreciation $145,260
Deducted casualty loss 50,000 195,260
Adjusted basis on January 1, 2002 $782,490
Adjusted Basis Sample Calculation
![Page 55: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/55.jpg)
Time Period 1999 2000 2001 2002
Adjusted Basis on January 1
$782,490 $782,490+$500,000 QRE-30,000 (dep)=$1,252,490
$1,252,490+$550,000 QRE-30,000 (dep)=$1,772,490
$1,772,490+950,000 -$30,000 =$2,692,490
QREs Incurred During Year
$500,000 $550,000 $950,000 $250,000
Note: Depreciation only allowable if building remains in service during rehabilitation. Depreciation allowances are approximate.
What Types of Rehabilitations Qualify?The IRS Rules: The 24-Month Measuring Period
![Page 56: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/56.jpg)
What Types of Rehabilitations Qualify?The NPS Rules: Certified Rehabilitation Requirement
The rehabilitation of the building must be certified by the Secretary of the Interior (acting through the NPS) as being consistent with the historic character of the structure or of the historic district in which the structure is located.
![Page 57: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/57.jpg)
What Types of Rehabilitations Qualify?The NPS Rules (cont’d)
Historic Preservation Certification Application
Part 2 – Description of RehabilitationMust be preceded or accompanied by Part 1.Part 2 is submitted to SHPO. SHPO forwards to NPS.Description of proposed rehabilitationProcessing Fee of $500 to $2,500 (depending on size)
![Page 58: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/58.jpg)
What Types of Rehabilitations Qualify?The NPS Rules (cont’d)
Historic Preservation Certification Application
Part 3 – Request for Certification of Completed Work
Must be preceded or accompanied by Part 2.Part 3 is submitted to SHPO. SHPO forwards to NPS.
![Page 59: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/59.jpg)
What Types of Rehabilitations Qualify?The NPS Rules (cont’d)
Must include interior/exterior photographs of completed work preferably including before and after photographsApproval generally must be obtained within 30 months after filing the tax return on which the credit was claimed
![Page 60: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/60.jpg)
Historic Tax CreditsCalculating and Claiming HTCs
![Page 61: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/61.jpg)
The 20% Rehabilitation Tax Credit: The 20% Rehabilitation Tax Credit: Calculating the Allowable Credit
Credit equals 20% of all QREs incurred:Prior to the start of the 24-month period selected (so long as they were incurred “in connection with” the rehab process that resulted in the substantial rehabilitation of the building);
During the 24-month period; and
After the last day of the 24-month period but before the last day of the tax year in which the measuring period ends.
![Page 62: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/62.jpg)
Sample Sources and UsesSample Sources and Uses
![Page 63: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/63.jpg)
The 20% Rehabilitation Tax Credit: Calculating the Allowable Credit
Qualified Rehab Expenditures
24,060,799
Credit Rate 20.00%
Total Calculated Credit 4,812,160
Tax Credit Investor Allocation 99.99%
Total Credit to Investors 4,811,679
Credit Price Per Each $1 of Credit
Equity Contributions by Investors 4,727,474
![Page 64: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/64.jpg)
The 20% Rehabilitation Tax CreditThe 20% Rehabilitation Tax CreditWhen is the Credit Allowed?When is the Credit Allowed?
Credit is generally allowed in the year in which the building is placed in service (provided substantial rehabilitation test has been met).
“Placement in Service” means that the all or identifiable portions of the building is placed in a condition or state of readiness and availability for a specifically assigned function.
![Page 65: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/65.jpg)
The 20% Rehabilitation Tax CreditWho Can Claim the Credit?
The Credits belong to the taxpayer(s) that owns title to the property when the QREs are placed in service.A landlord that incurs QREs can elect to pass the credit to its long-term tenants.Long-term tenants can claim credits on the QREs they incur themselves.Under certain circumstances, a seller can pass the credits to a buyer.
![Page 66: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/66.jpg)
The 20% Rehabilitation Tax CreditWho Can Claim the Credit? (cont’d)
When property owner is a pass through entity, the Credits are allocated in accordance with taxable profits.Property owner must reduce basis by the amount of Credits claimed.
![Page 67: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/67.jpg)
The 20% Rehabilitation Tax CreditLimitations on Claiming the Credit
Insufficient tax liability.Business Tax Credit limitations ($25K +
75%).Passive Activity Rules
Does not affect passive income;Real estate professionals “exception”;“Trade or Business”/material participation
“exception” (no rental);Deduction Equivalent (AGI < $200,000).
![Page 68: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/68.jpg)
20% Rehabilitation Tax Credit Limitations on Claiming the Credit
At-risk Rules (issues include too much non-recourse debt and non-qualified financing).
Alternative Minimum Tax.
Credits that can’t be claimed may generally be carried back one year and carried forward 20 years (indefinitely in the case of credits affected by the Passive Activity Rules).
Tutorial available at http://trustwork2.nthp.org/community-partners/taxcreditguide/index.html.
![Page 69: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/69.jpg)
How to Claim the Rehab Tax Credit
Credits are claimed by filing IRS form 3468 along with the tax return for the year in which the taxpayer claims the credit.Part 3 Approval need not have already been obtained (but generally must be obtained within 30 months of tax return filing date)
![Page 70: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/70.jpg)
The 20% Rehabilitation Tax Credit Recapture
Credit previously allowed is recaptured if any portion of the project which includes QREs is disposed of prior to the fifth anniversary of placement in service.
Amount subject to recapture decreases by 20% during each year of the five year period.
![Page 71: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/71.jpg)
The 20% Rehabilitation Tax Credit Recapture
Disposition includes any sale, exchange, transfer, gift or casualty. Subsequent rehabs that do not comply with the Secretary’s Standards can trigger recapture.
Reduction of a partners interest can be deemed a disposition (33% rule).
![Page 72: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/72.jpg)
Section 108 Loan Guarantee Program
![Page 73: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/73.jpg)
SECTION 108 - WHAT IS IT?
Financing tool that allows communities to borrow as much as 5 times their CDBG allocationsActivities must meet CDBG requirements and loan must meet Sec. 108 underwriting criteriaLocality issues notes for HUD’s loan guaranteeNotes are repaid with CDBG funds and/or program income
![Page 74: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/74.jpg)
ADVANTAGES OF SEC 108
Flexible repayment termsLeverages grantsNot a general obligationLong-term, fixed-rate financing at favorable rates
![Page 75: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/75.jpg)
Up to 20 Year MaturityRepayment May Include Interest Only for Initial YearsPermanent Financing – Fixed RatesInterim Financing - Variable Rate - LIBOR
(Three Month London Interbank Offering Rate)
TERMS AND CONDITIONS
![Page 76: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/76.jpg)
ELIGIBLE ACTIVITIES
• Real property acquisition
• Rehab of publicly owned real property
• Relocation
• Clearance/demolition
• Site preparation
![Page 77: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/77.jpg)
ELIGIBLE ACTIVITIES
Housing rehabilitationEconomic developmentPublic facilities/improvementsIssuance costsInterest on Sec. 108 loanReserves
![Page 78: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/78.jpg)
NATIONAL OBJECTIVES
LOW/MOD BENEFIT
SLUM/BLIGHT
URGENT NEED
Area BenefitLimited ClienteleHousingJobs
Area
Urban RenewalSpot
![Page 79: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/79.jpg)
The Section 108 Guarantee Program
HUD
Guarantee Pledge of CDBGFunds and Additional Security
Guarantee
(State)PermanentInvestors(Lenders)
InterimInvestors(Lenders)
Locality
![Page 80: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/80.jpg)
TYPICAL USES
Housing rehabPublic facilities/improvementsRetailOfficeMixed use
![Page 81: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/81.jpg)
Sources of Repayment of Section 108 Loans
CDBG funds
Program income
Revenues from 3rd party borrowers
![Page 82: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/82.jpg)
Forms of Additional SecurityExamples include:
Assets created from use of Sec. 108 fundsPortfolio incomeParking revenueTax increment financing revenuesSale-leaseback, lease-leasebackAssignment of 3rd party loan
![Page 83: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/83.jpg)
PHILADELPHIA, PA - $18,000,000 SECTION 108 LOAN GUARANTEE
300 UNITS OF AFFORDABLE HOUSING
![Page 84: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/84.jpg)
COMMUNITIES USING SECTION 108 GUARANTEED LOANS WITH
•HISTORIC TAX CREDITS
• LOW INCOME HOUSING TAX CREDITS
•NEW MARKETS TAX CREDITS
![Page 85: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/85.jpg)
Tax Increment Financing
![Page 86: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/86.jpg)
Tax Increment Financing (TIF)What is it?
A defined reinvestment zone within a city that is created by council action in order to provide infrastructure improvements to that area.
What is it not?It is not a separate political subdivision
Who can participate?CountiesHospital DistrictsRoad DistrictsJunior College Districts
Who issues the debt?The City issues the debt.
Usually certificates of obligation
![Page 87: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/87.jpg)
Tax Increment Financing (TIF)How is the debt repaid?
Upon the creation of the TIF a base value is established within the TIF. Any incremental increase in value, the captured value, may be used to repay any debt or obligation within the zone. The captured value only applies to real property. TIF values do not include personal property.
What can be funded from the TIF?Acquire and/or renovate deteriorated, blighted or underdeveloped areas. This includes raw land.
The participation of the other overlapping taxing jurisdictions may prove crucial to the success of the TIF.
![Page 88: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/88.jpg)
Tax Increment Financing (TIF)What types of improvements?
Acquire and/or construct public works:Gas and electric utilitiesStreetsWater and sewer facilitiesPedestrian mallsParksFlood and drainage facilitiesEducational facilitiesParking facilitiesLandscapingMonuments and signagePublic buildings (museums, city halls, libraries, etc.)
![Page 89: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/89.jpg)
What is Tax Increment Financing (TIF)?
TIF uses the projected increase in property tax revenue to be gained by developing an area to assist in paying for the development project
TIF can be a useful tool in helping to fund economic development
TIF helps fund projects that otherwise would not get built
![Page 90: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/90.jpg)
Who can use TIF?
Tax increment financing is a tool that can be used by counties municipalitiesProjects that receive TIF funding can be proposed by a county, a municipality, another government entity or a private developer
Every project must have the support of the local county or municipality who have the responsibility of getting approval for TIF-funded projects
![Page 91: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/91.jpg)
Where can TIF be used?Tax increment financing can only be used for projects within an approved special project area or districtSuch project areas or districts can be established in advance of a project idea or at the same time a project is being proposedProjects must directly and substantively benefit the area in which they are locatedTIF financing is usually reserved for projects that otherwise would not get built
![Page 92: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/92.jpg)
Development or Redevelopment Project Areas or DistrictsDevelopment or redevelopment project areas or districts can exist a limited number of years in some states
A development project area or district is a discrete, contiguousgeographic area that has not previously been developed or is underdeveloped
A redevelopment project area or district is a discrete, contiguous geographic area that needs upgrading or enhanced
The development of a development or redevelopment area or district would result in:
An increase in jobs, Enhancement of the tax base, and Encourage commerce, industry, or manufacturing to locate their operations in the local area
![Page 93: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/93.jpg)
Development or Redevelopment Projects
A development or redevelopment project must promote the economic development of the project area or district by:
Eliminating a blighted area, Preventing the deterioration of an area into a blighted area, Increasing employment, and/or Encouraging the location of commercial or industrial activity and jobs
Examples of projects that might use Tax Increment Financing:Creating an industrial site – including installing sewer, water, and electric lines to the siteCleaning up a environmentally blighted area and preparing the land for future developmentBuilding a road that improves access to an area
![Page 94: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/94.jpg)
How Does Tax Increment Financing Work?
A development or redevelopment project area or district is established
The county assessor certifies the base assessed value
A development or redevelopment project gets approved
Each year, over the life of the TIF-funded project, the county assessor will certify the current assessed value of the propertyin the development or redevelopment project area or district
The difference between the amount of regular levy property taxes on the current assessed value and the amount of regular levy property taxes on the base assessed value is the tax increment
![Page 95: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/95.jpg)
How Does Tax Increment Financing Work?
TIF can be used when a development or redevelopment project is expected to generate a positive increment
In other words, TIF works when a project is expected to increase property values in the project area or district
The incremental increase in regular levy taxes are used to help finance the project in one of two ways:
(1) Pay-as-you-go (2) Issuing Tax Increment Financing Bonds or Notes
![Page 96: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/96.jpg)
Example of Tax Increment Financing
$23,214
$41,927
$48,605$54,705
$7,738
$36,167$31,198
$26,911
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
2003 2006 2009 2012 2015 2018 2021 2024 2027 2030 2033
Year
Prop
erty
Tax
Rev
enue
s
BaseTotalAnnual
Increment in 2015: $23,460
Annual Increment in 2025: $34,189
Annual Increment in 2005: $15,476
Example of Tax Increment Financing
![Page 97: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/97.jpg)
Establishing a Development or Redevelopment Project Area or District
Hold public hearings;Obtain from the county assessor the base assessed value of all taxable property with a tax situs in the proposed project area or district; Submit an application to the appropriate office of your state government;Adopt a municipal ordinance approving the development or redevelopment project area or district; andEstablish the tax increment financing fund (TIF fund).
![Page 98: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/98.jpg)
Community-Based Social Equity Funds
![Page 99: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/99.jpg)
City Within A City (CWAC)“Charlotte will be a community leading in diverse, healthy neighborhoods of choice.”
Increase neighborhood infrastructureImprove economic opportunityIncrease environmental safetyExtend partnershipsIncrease capacity buildingSupport school system
![Page 100: Advanced Project Financing Options · FINAL COST CERTIFICATION 12/31/20XX. Rehabilitation/ Amortized &Non- ... General Development Costs Architecture and Engineering 0 0 96,392 96,392](https://reader035.vdocuments.us/reader035/viewer/2022070806/5f051dc67e708231d411589e/html5/thumbnails/100.jpg)
Nehemiah Community Reinvestment Fund
Acquisition and Redevelopment Financing
12 months, 6% interest, monthly interest payments90% LTVFirst deed of trustSubordinate to construction lender based on as-if completed value